An appeal from any final decision of the Zoning Board of Adjustment
approving an application for development pursuant to the provisions
of N.J.S.A. 40:55D-70d or of either the Zoning Board of Adjustment
or the Planning Board granting preliminary approval of a major subdivision
may be taken to the Township Council, provided such appeal shall be
made within 10 days of the date of publication of such final decision
of the Zoning Board of Adjustment or Planning Board. Such appeal shall
be made by serving the Township Clerk in person or by certified mail
with a notice of appeal specifying the grounds of such appeal and
the name(s) and address(es) of the appellant(s) and, if represented,
the appellant's attorney. Such appeal shall be decided by the
Township Council only upon the record established before the Board
from which the appeal is taken.
Notice of the meeting to review the record below shall be given by the Township Council by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to § 60-31B and to the Zoning Board of Adjustment or Planning Board at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record of such meeting. The appellant shall, within five days of service of the notice of appeal, arrange for a transcript for use by the Township Council and pay a deposit as provided in § 150-5A(7) of the Code of the Township of Willingboro or the estimated cost of such transcription, whichever is less, if the appeal is from the granting of preliminary approval of a major subdivision; or, within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the Township Clerk; otherwise, the appeal may be dismissed for failure to prosecute. If the appeal is from the approval of an application for development pursuant to the provisions of N.J.S.A. 40:55D-70d, the Township Council shall provide the transcript.
The Township Council shall conclude a review of the record below
not later than 95 days from the date of publication of notice of the
decision below unless the applicant consents in writing to an extension
of such period. Failure of the Township Council to hold a hearing
and conclude a review of the record below and to render a decision
within such specified period, without such written consent of the
appellant, shall constitute a decision affirming the action of the
Board.
The Township Council may reverse, remand or affirm, with or
without the imposition of conditions, the final decision of the Zoning
Board of Adjustment, approving variances pursuant to N.J.S.A. 40:55D-70d.
The Council's review for this purpose shall be made on the record
before the Board of Adjustment.
The affirmative vote of a majority of the full authorized membership
of the Township Council shall be necessary to reverse, remand or modify
any final action of the Board.
An appeal to the Township Council shall stay all proceedings
based on the decision appealed from unless the Board certifies to
the Township Council, after the notice of appeal shall have been filed
with such Board, that, by reason of facts stated in the certificate,
a stay would, in its opinion, cause imminent peril to life or property.
In such case, proceedings shall not be stayed other than by an order
of the Superior Court on application, upon notice to the Board from
whom the appeal is taken and on good cause shown.
The Township Council shall, not later than 10 days after the
date of the decision, mail a copy of the decision to the appellant
or, if represented, to the appellant's attorney, without separate
charge. Additionally, a copy of the decision shall be mailed to any
interested party upon request and payment of the fee established under
N.J.S.A. 47:1A-5. A brief notice of the decision shall be published
in the official newspaper of the Township. Such publication shall
be arranged by the Township Clerk, who shall charge the appellant
for the cost of such publication. The period of time in which an appeal
to a court of competent jurisdiction may be made shall run from the
date of publication.
